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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 117367
Experience:  Attorney experienced in commercial litigation.
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I Purchased a 65" Samsung TV online in December 2012

Customer Question

Hello, I Purchased a 65" Samsung TV online in December 2012 for my family and within 10 months of the service, the TV blackout and never turned on. I immediately contact Samsung company and informed them about the matter, they in-turned sent another identical TV. HOWEVER THOUGH, within another 10-11 months of service with the new TV, that TV did the same thing. It blackout! Again, I contact Samsung and told them what happened again and to my surprise, Samsung told me that I WAS NO LONGER UNDER WARRIANITY! I was FLOORED! They advise me to contact a technician to fix the problem, which will be on my own expense. So I did, the tech told me that the TV was defective and they could not do anything with it. They took the tv to the shop to for service. Two weeks later, tech contact me and said again, the TV could not be fixed and they are trying to talk to Samsung to replace my TV. They told the tech I was not under warrianty. The tech told me, that they would give me a 50" TV to use while I pursue legal actions towards Samsung. Now, I'm REALLY skeptical! Not sure of my rights in this area or if I have any. PLEASE HELP!
Submitted: 2 years ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If Samsung will not repair or replace their defective product and they claim the warranty is expired, then you can sue them under product liability law as an alternative legal theory to breach of warranty.
You would need a local consumer protection attorney to file suit against Samsung under product liability law and legally if the product is defective in manufacture or design, then they are liable for their product if you discover the defect within 3 years and file suit within that time.
You will need to have a report from the technician as to why the TV is defective.
You can also report this to the Consumer Product Safety Bureau as they investigate defective products and can mandate a recall of the product if they find it is a design defect, which could cost Samsung millions. So in your letter to Samsung demanding replacement with a different model of similar size, you need to inform them that if they refuse to settle this matter, in addition to legal action you would be filing a complaint with the Consumer Product Safety Bureau and seek a national recall of their defective product as well.
You do have a right to a product free of defects and when they replaced the product, while they do not have to extend the warranty for another year on the replacement, they are indeed liable for defects in manufacture or design as long as you sue within 3 years of discovery of the defect.